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House Journal: Page 1581: Tuesday, April 14, 1998

14   released under this chapter, prior to the discharge of
15   a person committed under this chapter, the director of
16   human services shall give written notice of the
17   person's discharge to any living victim of the
18   person's activities or crime whose address is known to
19   the director or, if the victim is deceased, to the
20   victim's family, if the family's address is known.
21   Failure to notify shall not be a reason for
22   postponement of discharge.  Nothing in this section
23   shall create a cause of action against the state or an
24   employee of the state acting within the scope of the
25   employee's employment as a result of the failure to
26   notify pursuant to this action.
27     Sec. ___.  NEW SECTION.  229A.14  SPECIAL
28   ALLEGATION OF SEXUAL MOTIVATION - PROCEDURE -
29   WITHDRAWAL OR DISMISSAL.
30     1.  Except as otherwise provided in subsection 4,
31   the county attorney shall file a special allegation of
32   sexual motivation within ten days after arraignment,
33   when sufficient admissible evidence exists, which,
34   when considered with the most plausible, reasonably
35   foreseeable defense that could be raised under the
36   evidence, would justify a finding of sexual motivation
37   by a reasonable and objective fact finder.
38     2.  In a criminal case in which a special
39   allegation of sexual motivation has been filed, the
40   state shall prove beyond a reasonable doubt that the
41   crime was sexually motivated.  The court shall make a
42   finding of fact of whether or not a sexual motivation
43   was present at the time of the commission of the
44   crime, or if a jury trial is had, the jury shall
45   return a special verdict as to whether or not the
46   crime was sexually motivated.
47     3.  The county attorney shall not withdraw the
48   special allegation of sexual motivation without
49   approval of the court through an order of dismissal of
50   the special allegation.  The court shall not dismiss

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 1   the special allegation unless it finds that such an
 2   order is necessary to correct an error in the initial
 3   charging decision or unless evidentiary problems exist
 4   which make proving the special allegation doubtful.
 5     4.  This section shall not apply to criminal cases
 6   alleging a violation of chapter 709 or a case in which
 7   the commission of a sex act is an element of the
 8   offense charged.
 9     Sec. ___.  NEW SECTION.  229A.15  SEVERABILITY.
10     If any provision of this chapter or the application
11   thereof to any person or circumstances is held
12   invalid, the invalidity shall not affect other
13   provisions or applications of the chapter which can be

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